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What Are The Foreclosure Procedures And Process

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What Are The Foreclosure Procedures And Process 

This BLOG On What Are The Foreclosure Procedures And Process Was UPDATED On July 16th, 2018

The government’s position with lending, traditionally, is they are set to ensure there is  warehouse for lending on the secondary, and that there are programs available for low to moderate income families, as well as low to moderate income areas.
  • What they became, after the real estate meltdown and credit crash of 2008, was the end all be all of residential lending
  • At one time, Fannie Mae, Freddie Mac, and FHA accounted for 4/5ths of the market
  • This kept mortgage rates low, as Uncle Sam now chooses to back long term interest rates
  • What it also did is to minimize non traditional lending and Alternative non prime lending to a minimum
  • As the foreclosure inventory grew, and turn times for taking those properties (non performing assets) slowed at the same time
  • Banks and credit unions not in the big seven category (Chase, Bank Of America, Wells Fargo, U.S. Bank, Suntrust, Fifth Third, and Citibank)  took a seat in the viewing section for a couple of years
  • Volume fell, as these banks market share only grew
  • Less lenders-less options, slower service, higher fees, you get the picture

Foreclosure Procedures

Many states have strict foreclosure rules.
  • Foreclosure procedures in the United States is divided into two categories: 
    • Judicial
    • Trustee
  • Some states use both, some pick one
  • If you live in a judicial state, like I do in Illinois, then foreclosure has to be approved by a judge before it can be handled by the County Sheriff’s department
  • If you live in a non judicial state such as the Golden State, case gets looked at by a Trustee
  • The lender cannot come after you in a trustee sale for a deficiency unlike in a  judicial one

Timeline On Foreclosure Procedures

The time period for foreclosure procedures differs from state to state.
  • New York has an average process to sale date(date that foreclosure is finalized with court or trustee, eviction process depends on state, and sometimes time of year) of 445 days
  • Whereas Texas, which is trustee mostly, takes 27 days
  • The slower process has its benefits, in particular for the ones try to stay in their home
  • The longer process costs the lender more money
  • But most of all, depresses the market for a longer period of time

Qualifying For Mortgage After Foreclosure

Gustan Cho Associates Mortgage Group represents a national direct lender with no mortgage overlays on government and conventional loans. We do not have a second tier of lending guidelines, called overlays. For borrowers who have already left the house vacant, this also has a negative affect if they are looking to rebound on their credit.

  • It takes a minimum of 3 years after foreclosure case is closed with the court or trustee
  • The waiting period starts from the recorded date of the foreclosure and not the date the keys were turned in
  • If the process is taking longer than average, lets say 3-5 years, then the borrower may have to wait up to 8 years before they can apply for an FHA loan, and 10 years before they can apply for a Fannie Mae/Freddie Mac loan
For these reasons keep the following three things in mind:
  • Consult a legal professional to go over your options (modification, deed in iieu of foreclosure, foreclosure delay, bankruptcy)
  • Consult a realtor to see if you can sell the house and or be able to rent in the area for a smaller monthly amount
  • Finally speak to loan professional to go over options in regards to refinance (HARP), or realistic time frame as to how long you will have to wait to buy again (if you even want to) or what you can do to fix credit.
This article was written by Ronald Granado of Plymouth Title Guaranty Corp. Mr. Ron Granado is a national expert in real estate, credit, and mortgage regulations and many real estate professionals request Mr. Granado’s expertise.  We are honored to have Mr. Ron Granado to be our guest writer for Gustan Cho Associates.

Ron Granado

Account Executive | Plymouth Title Guaranty Corp

1301 W. 22nd Street | Ste 505 | Oak Brook, IL 60523

630-300-3900

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